A Child Protection Social Worker Social Work Essays

A Child Protection Social Worker Social Work Essays A Child Protection Social Worker Social Work Essay A Child Protection Social Worker Social Work Essay Upon a societal service section having the initial referral a determination will be made by the director whether to move upon the information received. In the instance of Samantha and her kids the referral offers adequate information to run into the standards for a societal worker to set about an Initial Assessment. Local Authority ( Social Services ) Act ( 1970 ) , places a responsibility on governments to provided societal services. It sets out a legal model for local governments and societal work duties in a statutory function, this being continually updated. In the instance of Samantha and her kids the authorization in which the household reside in have a legal duty to set about an appraisal and a corporate duty to supply services to kids in demand and grownups, if necessary. Powers grant Local Authorities to move in certain ways but there is no duty to make so and there is a grade of discretion of how powers are applied. In relation to the instance survey, the societal worker wo uld hold the power to originate contact with the household and other professionals they felt may supply valuable information to help in the appraisal procedure ( Brammer, 2010 ) . When transporting out the appraisal, the societal worker would mention to statute law which governs what they can make in order to safeguard kids. The Children Act, ( 1989 ) sets out that the public assistance of the kid is overriding, the kid being the primary client ( Brayne A ; Carr, 2010 ) . The Act provides the legal model within which societal work pattern with kids and households is situated and promotes the household as being the best topographic point for the kid to be brought up in, where it is safe and possible to make so. The Act besides includes principals with respects to welfare, kids s rights and introduced the construct of parental duty ( Children Act, 1989, s.3, Brammer, 2010 ) . The Act states that the local authorization is required to supply services for children in demand, their households and others ( Children Act 1989, sec.17 ) and look into if they have sensible cause to surmise a kid is enduring or is likely to endure from important injury ( Children Act 1989, sec.47 ) . It besides gives the authorization the power to use to the tribunal if they believe the kid is enduring or is likely to endure important injury, puting the kid in local authorization attention ( Children Act, 1989, sec 31 ) . The Children Act ( 2004 ) was introduced following an question into the decease of Victoria Climbe by Lord Laming. The Government responded by bring forthing a green paper Every Child Matters and Wales Rights to Action , this led onto base on balls the Children Act 2004. Its chief focal point is to foreground the importance of multi-agency working puting a responsibility on local governments and their spouses including wellness, schools, and the Police to work responsibly and collaboratively to advance the well-being and safety of kids. A common appraisal model was introduced so that societal workers and spouse bureaus could supply better preventive support for households deemed non to make child protection thresholds. The debut of the Common Assessment Framework ( CAF ) considers a holistic position of the kid and their household, integrating the kid s developmental demands, rearing capacity and household and environmental factors ( Brammer, 2010 ) . In relation to the instance sur vey at that place have been concerns sing Callum and Claudia from their school. The Education Act 2002 besides includes a proviso necessitating school regulating organic structures, instruction governments and farther instruction establishments to safeguard and advance the public assistance of kids ( NSPCC, 2012 ) . Using the CAF will besides let the societal worker to research household issues refering the kids s male parent, older siblings and immediate household. The CAF will besides see the households individuality and advance any Welsh linguistic communication demands in conformity with the Welsh Language Act 1993 ( CCW, 2002, 1.6 ) . In response to the Children Act, 2004 the Welsh Assembly Government ( WAG ) produced, Safeguarding Children ; Working Together under the Children Act 2004, supplying local governments with guidelines and descriptions of functions of spouse bureaus and focused on working responsively and proactively ( WAG, 2004 ) . The All Wales Child Protection Pr ocedures, 2008 were besides introduced upon recommendations from Lord Lamings study bespeaking that authoritiess strengthen their kid protection processs ( WAG, 2008 ) . The Human Rights Act 1989 besides plays an of import function in the societal work appraisal. Professionals are required to continue and support the rights of persons whilst seeking to run into their demands. The Act has besides to a great extent influenced the Disability Discriminations Act, 2005 and Equality Act, 2006 A ; 2010 ( Brayne A ; Shoot, 2010 ) . Cymrus have besides implemented their ain presenting The Equality and Human Rights Commission in 2007 ( BASW, 2011 ) . This statute law will be relevant when taking into history the demands of Samantha in relation to her historical mental wellness jobs. The United Nations Convention on the Rights of the Child 1989 ( UNCRC ) , is an international understanding that protects the human rights of kids under the age of 18 and recognises kids as possessing rights on equal terms with grownups. This along with the Human Rights Act 1989 is instrumental in the CAF as it requests that the kid is to be seen and a consideration of their demands and wants recorded. The kids, along with Samantha have the right to hold their wants and feelings known in relation to any appraisal or intercession undertaken ( Children Act, 1989 sec. 22 Human Rights Act, 1989, UNCRC, 1989 article 12 ) . There are besides national organic structures that provide societal attention professionals with common counsel on their pattern. These are the British Association of Social Workers ( BASW ) , the General Social Care Council ( GSCC ) and in relation to Wales the Care Council of Wales ( CCW ) and the National Occupational Standards of Social Work ( NOS ) . The statute law and counsel discussed will help the societal worker in set abouting an initial appraisal of Samantha and her kids. Using the CAF will assist to set up what back up if any the household requires. The appraisal should demo the strengths, troubles and impact of the state of affairs on the household ( Parker A ; Bradley, 2008 ) . The societal worker will necessitate to find from an analyses of the appraisal whether the kids are kids in demand ( Children Act, 1989 sec. 17 ) or kids in demand of protection ( Children Act 1989 sec.47 ) . The worker will be required to work aboard other professionals in a multi-agency attack in peculiar instruction, possible mental wellness bureaus and recognizing that the kids, in peculiar Callum possibly a immature carer ( Children Act, 2004, Disability Discrimination Act, 2005, Equality Act, 2006 A ; 2010, Carers Recognition A ; Services Act 1995 ) . The societal worker would besides be staying by statutory organic structures codificati ons of moralss in recognizing and advancing services users rights, working unfastened and candidly and esteeming their positions and wants ( BASW, 2012 CCW, 2002, CCW, 2003 GSCC, 2002 ) . Section B. Upon reception of this farther information from the Health Visitor, the Local Authority would hold a responsibility under the Children Act 1989 to originate Sec.47 questions. The Children Act 1989 Sec. 1b provinces that, If the local authorization have sensible cause to surmise that a kid who lives or is found in their country is enduring or is likely to endure important injury. The authorization shall do or do to be made such questions as they consider necessary to enable them to make up ones mind whether they should safeguard or advance the kid s public assistance . Following this statute law the societal worker in audience with a senior director would set about a scheme treatment at the earliest chance. Information would be gathered from the referrer and besides the adviser baby doctor and discussed with the constabulary ; this can be done via telephone ( WAG, 2008 ) . Any other relevant information about the household should besides be shared during this clip. Information should be given to the Police sing Samantha s spouse David and checked against the police national database, although this should hold been done as portion of the Core Assessment procedure. Pertinent inquiries should be raised sing the advisers appraisal of the alleged burn Markss ; How did the infirmary visit come about? Why did the adviser non do the referral themselves? Was Claudia sent place after the scrutiny? The scheme treatment should hold the class of action to be taken ; if a medical scrutiny is needed, whether the probe would be a individual or joint bureau respons e ( societal services entirely or in concurrence with the constabulary ) and what information should be shared with the household at this clip. It should besides take into consideration the demands of any other kids who may be affected, in this instance Claudia s brother Callum ( WAG, 2008 ) . As portion of the Sec.47 questions it is a statutory demand for the societal worker to see the kid unless there is adequate grounds and information to continue ( Children Act, 1989 s47.4 ) . It is of import that any treatments with kids are done in a manner that minimises the hurt and maximises the likeliness of them supplying clear and accurate histories ( Brayne A ; Carr, 2010 ) . Due to the earnestness of the information sing Claudia and Callum and the presence of a possible non inadvertent hurt, the determination needs to be made whether exigency action is needed. This may be because entree to the kid is being refused ; parent is declining a medical scrutiny or intentionally detaining questions. Legal advice should besides be available through the local authorization s legal service ( WAG, 2008 ) . Following this there are a scope of options available to the local authorization for procuring the protection of Claudia and Callum. Samantha may hold to David go forthing the family and subscribe a safe-care understanding for him non to hold contact with the kids. Although this may non be possible as there are allegations of a non-accidental hurt with no sensible account to the cause. Claudia and Callum may be cared for be extended household topic to safeguarding cheques ( WAG, 2008 ) . The kids may be looked after by the local authorization with parental understanding ( Children Act, 1989, sec. 20 ) . Social services can besides do an application to tribunal for an Emergency Protection Order, leting them to suit the kids for up to eight yearss without parental consent. The last option is Powers of Police Protection whereby the Police have the power to take the kids ( WAG, 2008, Williams, 2008 ) . Although there must be no hold in safeguarding kids who are at hazard, it is of import to be cognizant of the possible injury and break such proceedings may hold on the kids involved and every attempt must be made to understate this. Section C. Under the Human Rights Act 1998, Claudia has the right to esteem for a household life and privateness and local governments have to warrant any intervention in household life with any engagement being necessary and proportionate ( HRA, 1998 article.8 ) . This is besides supported by the UNCRC 1988. These rights can be compromised when there are concerns sing kid public assistance and kid protection. Local governments exerting their legal responsibilities and maps must make so without go againsting the rights of kids and their parents. In relation to Claudia and the escalating concerns for her public assistance and safety, societal services are lawfully justified in step ining in household life if it is to protect her wellness and well-being ( Laird, 2010 ) . This must merely go on in conformity to the jurisprudence, Children Act 1989 and must non interfere with the convention jurisprudence, beyond what is perfectly indispensable to forestall some sort of injury ( Laird, 2010, p150 ) . The instance survey high spots incidents of intensifying earnestness with respects to Claudia, she has suspected non inadvertent hurts and her brother Callum has alleged that David has slept in her room on occasions, this alongside ongoing issues of disregard. This information would be sufficient to trip mandatory steps by the local authorization under sec.47 Children Act 1989. Section 47 questions and powers of constabulary protection to take kids in an exigency do non necessitate a tribunal order. A tribunal order ensures that there is a forum in which the rights of those who are involved and what is needed in order to safeguard the kid can be considered by a justice, this ensures that in most instances mandatory steps will non usually transgress Article 8 ECHR ( Williams, 2008 ) . In state of affairss of utmost urgency where the kid is at hazard of important injury, associating to the instance survey and the non-accidental hurts to Claudia, the local authorization can use to the tribunal for an exigency protection order ( EPO ) which can be granted by a individual magistrate without the anterior cognition of the parents ( Laird, 2010 ) . Courts must see Claudia s public assistance as paramount and must be satisfied that doing an order is better than doing no order at all. Local governments must look to place household arrangements for the kid before choosing for surrogate attention. Laird ( 2010 ) uses an illustration of X Local Authority V B ( Emergency Protection Orders ) , whereby the local authorization where the kids lived did non take into history the viability of arrangements with drawn-out household members before using for an EPO. This conflicting article 8, as taking the kids from all their relations into surrogate attention is the most utmost intervention in household life. In relation to Claudia, if she was to be removed from the attention of her female parent, into surrogate attention and perchance separated from her brother, without giving anterior consideration to any immediate or extended household may transgress her rights under article 8 or the Human Rights Act 1998 and UNCRC 1989. Working in partnership with professionals during kid protection processs is guided through statute law and bureau functions, powers and responsibilities. The difficultly can be working in partnership with parents particularly when they are non in understanding with the procedure. In kid protection work the relationship between parent and societal worker can be fraught and tightly directed by legal and procedural demands ( Pinkerton A ; Devaney, 2009 ) . If Claudia was to stay in the attention of her female parent, she would be the topic of an Initial Child Protection Conference. WAG ( 2008 ) states that where possible parents and others with parental duty should be invited to go to and helped to the full to take portion. They besides have the option of conveying an advocator or legal representative. Family members and professional should be able to portion information in a safe and non-threatening environment and for household members to talk to the chair in the absence of other rel ations, particularly if there is a hazard of force or bullying ( Brammer, 2007 CCW, 2002, 1.3, 3.1 ) . This could be evident in relation to Samantha if Claudia s male parent holding parental duty besides attended the conference. The societal worker should besides run into with the parents beforehand to portion the study which highlights the concerns conveying them to conference. The chair should besides run into before the conference to guarantee that they understand the process and intent of the event ( Brammer, 2007 ) . At six old ages old, Claudia is able to voice her wants and feelings and this should be done through direct work with the societal worker, non to obtain a revelation about possible maltreatment, but to construct a swearing relationship between worker and kid with the kid being able to experience safe and unafraid whether they remain at place or in arrangement ( Milner A ; OByrne, 2009, CCW, 2002 1.2, 2.1 UNCRC, 1989, article 12 ) . Studies show that kids are capab le of understanding complex state of affairss and are able to build ways of covering with them, so an honorable account of the state of affairs is more productive, nevertheless immature they are. However issues can originate when the kid knows merely excessively good the earnestness of the state of affairs. Claudia may waver and experience unable to speak freely as she may worry how the information discussed will be used. If she is to return place to her female parent, she may be questioned over what she has said ( Milner A ; OByrne, 2009 ) . Although the worker will esteem the confidentially of Claudia, it is non entirely guaranteed and this should be explained to her in an age appropriate mode, guaranting her apprehension ( BASW, 2011, CCW, 2002, 2.3, Children Act 2004 sec. 12 ) . Any revelations from Claudia which could potentially set her or others at hazard will necessitate mandatory action under sec. 47 Children Act 1989. Whilst working with Claudia and her household the societal worker will be guided by statute law and statutory counsel which will on times conflict with human rights and ethical values. The very nature of kid protection work can be oppressive with a distinguishable power instability. The power and position is steadfastly with the worker who is advantaged by being person of the authorization. It is besides likely to be reinforced by the parents and kids being disadvantaged by gender, category, race and age ( Pinkerton A ; Devaney, 2009 ) . Children s rights to protection are clearly laid out in international and domestic jurisprudence ( Human Rights Act, 1998, UNCRC, 1989, Children Act, 1989/2004 ) and promoted in national and international codifications of moralss and pattern counsel ( International Federation of Social Workers, British Association of Social Workers A ; Care Council of Wales ) . In relation to Claudia the Human Rights Act 1989 and UNCRC 1989 article 8, supports her right to stay in the attention of her female parent. In contrast to this article 19 ensures that Claudia is protected from force, maltreatment and disregard by her parents or anyone else who looks after her. Article 9 goes on to back up the remotion of the kid for their ain protection but promotes contact with parents if safe to make so ( UNCRC, 1989 ) . The societal worker would meet ethical quandary during her work with Claudia and have to equilibrate her demands and involvements where they may conflict with those of others, particularly other professionals, and child protection issues in respects to her safety ( CCW, 2002, BASW, 2011 ) . The worker would use the relevant codifications of moralss and pattern about issues of information sharing and confidentiality ( CCW, 2002 2.3, 6.5, 6.7 ) . However in relation to child protection and the jurisprudence, the public assistance of the kid would ever be paramount over any rights of confidentiality ( Children Act, 1989 ) . The societal worker would necessitate to give due consideration sing Claudia s life-skills and cognition and advance her engagement in the procedure that concerns her ( BASW, 2011, 2.1, CCW, 2002, 1.1, 1.2, 3.1 ) . Although consideration of a kid s wants and feelings does non enforce a responsibility to move upon them ( Brayne A ; Preston-Shoot, 2010 ) . Overall this assignment highlights the complex nature of societal work in one of the most demanding countries, kid protection. The demand to follow statute law and statutory counsel and to equilibrate that with the person s human rights, taking into consideration moralss, non-oppressive and anti-discriminatory pattern can, on times be a extremely combative procedure but one that hopefully has the desired result, the kid has been protected and is safe from injury. Children have a right to populate in this universe and be protected from force, maltreatment and disregard and kid protection should be the concern of everyone. There have been incidents when things have gone incorrect and unfortunately kids have died as a consequence, lessons have been learnt and jurisprudence and policy nationally and internationally has been changed to hopefully forestall this in the hereafter.